Muslim Employees Sue Amazon Over Religious Accommodation and Discrimination

On Tuesday, Muslim Advocates filed a complaint (full text) with the EEOC charging that Amazon.com, Inc.'s Minneapolis facility discriminates against its Muslim Somali and east African workers. The complaint charges that, among other things, Amazon fails to reasonably accommodate employees' religious practices. It claims the company provides inadequate space and time for employees to pray, and does not accommodate Ramadan observance. Daily Caller reports on the lawsuit.

Data On Russia's Prosecution of Missionary Activity

Forum 18 reported this week:

At least 159 prosecutions of individuals and communities for violating Russia's "anti-missionary" restrictions under Administrative Code Article 5.26, Parts 3, 4 and 5 are known to have reached court in the calendar year 2018.

This marks a decrease in the overall number of such prosecutions compared with the first year of the legislation's implementation (2016-17), which appears to be primarily explained by the sharp drop in the number of cases against Jehovah's Witnesses, whose activities were outlawed as "extremist" by Russia's Supreme Court in 2017.

Forum 18 found 159 cases against 56 organisations and 103 individuals which reached court in 2018. Of these, 132 resulted in conviction, with 129 fines being imposed. 2018 saw a conviction rate of 90 per cent, compared with 82 per cent in 2016-17.

Here is a detailed list of the prosecutions.

New York's High Court OK's Removal Of Bishop Sheen's Remains To Illinois

New York's highest state court has dismissed sua sponte the appeal in In the Matter of Cunningham v. Trustees of St. Patrick's Cathedral, (NY Ct. App., May 2, 2019) (Order List). The decision allows the remains of the late Bishop Fulton J. Sheen to be removed from St. Patrick's Cathedral in New York and moved to Peoria, Illinois.  The move is seen by Sheen's heirs as the only way to advance the cause of sainthood for him. In a short opinion on March 5, 2019 (full text), New York's intermediate appellate court upheld the trial court's decision allowing exhumation. In its dismissal order last week, the Court of Appeals said that "no substantial constitutional question is directly involved." Peoria Journal Star reports on last week's court order.

Suit Challenges Bible Display At VA Hospital

Suit was filed yesterday in New Hampshire federal district court against a VA Medical Center challenging a lobby display that includes a Bible.  As described by an AP report on the lawsuit:

The Bible was carried by a prisoner of war in World War II and became part of the Missing Man Table honoring missing veterans and POWs at the entranceway of the Manchester VA Medical Center. The Department of Veterans Affairs said Tuesday the table was sponsored by a veterans group called the Northeast POW/MIA Network.

The complaint (full text) in Chamberlain v. Montoya, (D NH, filed 5/7/2019), contends that the display violates the Establishment Clause, saying in part:

Here, the placement of the Christian Bible in a locked case on the POW/MIA table puts forth the Christian beliefs of some, at the expense of the beliefs of non-Christians.

Plaintiffs in the lawsuit are represented by the Military Religious Freedom Foundation. while the Northeast POW/MIA Network is represented by First Liberty Institute.

Episcopal Parish's Suit Against Its Rector Is Dismissed

In Parish of St. Paul's Episcopal Church v. Kovoor, 2019 Conn. Super. LEXIS 714 (CT Super. Ct., April 10, 2019), a Connecticut state trial court dismissed a lawsuit brought by a Darien, Connecticut parish which was seeking to remove its Rector, Rev. George Kovoor, on the ground that he made material misrepresentations of his credentials when he applied for employment.  Prior to the filing of the lawsuit, the parent church had stepped in and attempted to resolve the dispute between the parish and Kavoor, ordering that each party take certain steps. When the parish failed to take the steps called for, the parent church dissolved the parish and converted it into a Worshiping Community under direct supervision of the Bishop. The court held that it must defer to the decisions of the parent Episcopal Church:

Neutral principals of law can be applied to church disputes. Herein the plaintiffs claim common-law employment contract law is such a neutral principle of law that should be applied. Applying those provisions would relitigate the three decisions already issued by the Episcopal Church as to the St. Paul's/Kovoor Rector situation. In this court's opinion that would cause the Superior Court to examine the internal workings and polity of the Episcopal Church in Connecticut....

The court finds the March 2016 employment relationship... is religious in nature. The court finds that adjudicating the particular claims and defenses in this case will require the court to intervene into a religious institution's exclusive right to decide matters pertaining to doctrine and/or its internal governance or organization.... 

This court finds that the nature of a relief being sought in this case would entangle the Superior Court of the State of Connecticut into matters of religious hiring, religious practices and church polity. The court notes that there is no claim in this litigation concerning the title to the real property currently occupied by the Worshipping Community and formerly by St. Paul's Parish of Darien, Connecticut.

Reporting on the decision Virture Online says that St. Paul's is now operating as a state-chartered ecclesiastical society, unconnected to the Episcopal Church.

Brunei Places Moratorium On Death Penalty Under Sharia Code; Will Ratify Torture Convention

Earlier this year, the Sultan of Brunei announced further implementation of Sharia law in his southeast Asian country, including implementation of the provisions in Syariah Penal Code Order, 2013 (SPCO) on stoning for the offences of adultery and homosexual sex. (See prior posting.) Now, according to a Bloomberg News report on Sunday, the Sultan has announced a further moratorium on implementation of the death penalty. Borneo Bulletin has published portions of the Sultan's television address delivered over the weekend:

As evident for more than two decades, we have practised a de facto moratorium on the execution of death penalty for cases under the common law. This will also be applied to cases under the SPCO, which provides a wider scope for remission.

As we are all aware, Brunei Darussalam has begun to fully implement the SPCO on April 3, 2019. This is our religious obligation to Allah the Almighty as an Islamic country. The aim of implementing the law is to uphold the objectives of Syariah which are to protect religion, life, lineage, property and intellect....

In upholding our international commitments and obligations on human rights, Brunei Darussalam will be ratifying the United Nations Convention Against Torture (UNCAT). Both the common law and the Syariah law are aimed to ensure peace and harmony of the country. They are also crucial in protecting the morality and decency of the public as well as respecting the privacy of individuals.

Ramadan Begins; President Sends Greetings

The Muslim holy month of Ramadan began in most countries, including the United States, yesterday (May 6).  As reported by the Khaleej Times, one country (Mali) began Ramadan on May 5, and ten countries began the holy month today (May 7). On Sunday (May 5) President Trump issued a Message (full text) sending greetings to all Muslims celebrating Ramadan, saying in part:

Throughout this month, we all have an opportunity to reflect on the blessings we have been given and to work toward greater fellowship with one another.  Together, in the spirit of Ramadan, we can achieve a more harmonious and respectful society.

Recent Articles of Interest

From SSRN:

• Noa Ben-Asher & Margot J. Pollans, The Right Family, (Columbia Journal of Gender and Law, Forthcoming).
• Cathi Choi, Protection Against Good Intentions: The Catholic Role in the Campaign to Ban Proxy Adoption, 1956–1961, (Journal of Policy History, 31(2), 242-272 (2019).
• James J. Friedberg, Yitz and Ishmael: A Drama in One Very Long Act, (Minnesota Journal of International Law, Vol. 28, 2019).
• Khaled A. Beydoun & Cyra Akila Choudhury, Islamophobia and the Law: Introduction, (Cyra Akila Choudhury & Khaled A. Beydoun, Islamophobia and the Law (Cambridge University Press 2019), Forthcoming).
• Zehra Valencia, Breyon Williams & Robert Pettis, Pride and Prejudice: Same-Sex Marriage Legalization Announcements and LGBT Hate-Crimes, (March 26, 2019).
• Katherine Macfarlane, Procedural Animus, (Alabama Law Review, Vol. 71, Forthcoming).
• Siti Ibrahim, et. al., Commitment in Waqf Development Through Cross-Sector Collaboration between Islamic Financial Institutions and State Islamic Religious Councils: Innovative Strategy of Value-Based Intermediation for Sustainability, (J. Fin. Bank. Review 4 (1) 29–35 (2019)).

From SmartCILP:

• Wedding Cakes, Religion, and Sexual Orientation Discrimination. Foreword by Paul M. Secunda; contributions by William D. Araiza, Scott R. Bauries, Richard Carlson, Marcia L. McCormick, Elizabeth Sepper, Jessica L. Roberts, Kerri Lynn Stone. 19 Marquette Benefits & Social Welfare Law Review 109-264 (2018).

British Parliament Debates Sharia Councils

On May 2, Britain's House of Commons debated the operation of Sharia Councils in the United Kingdom. (full text of debate). MP John Howell said in part:

Sharia councils provide a form of alternative dispute resolution.... Members of the Muslim community voluntarily consent to accept the religious jurisdiction of sharia councils. Marital issues and the granting of Islamic marriage divorces account for about 90% of their work. They also advise in matters ​of law, including issues of inheritance, probate and wills and Islamic commercial law contracts, and they provide mediation, counselling and religious ruling services.

Sharia councils are not considered part of the British legal system. They are not courts and their decisions are not legally binding. However, despite having no judicial authority, some councils see themselves as authoritative on religious issues, and the power of sharia councils lies in how they are perceived by their communities.

A significant number of Muslims do not have a marriage recognised under British law.... [S]ome Muslim women therefore have no option of obtaining a civil divorce. Some women may have no other option but to obtain a religious divorce, for which the judgment of a sharia council is normally required.

Law & Religion UK has a more extensive summary of the debate.

New Report On Payment of Church Taxes In Europe

Last week, the Pew Research Center released a new Report (full text) on public attitudes in European nations on the payment of church taxes, saying in part:

There is evidence that some Europeans are leaving the church tax system, but there does not appear to be a mass exodus. The survey finds that between 8% of adults (in Switzerland) and 20% (in Finland) say they have left their church tax system.... At the same time, majorities still support the tradition of paying taxes to religious institutions.

District Court Says Challenge To Trump's Alleged Muslim Travel Ban May Proceed

In International Refugee Assistance Project v. Trump, (D MD, May 2, 2019), a Maryland federal district court, in a case on remand from the U.S. Supreme Court and the 4th Circuit, refused to dismiss Establishment Clause, due process and equal protection challenges to President Trump's third travel ban Proclamation. The Supreme Court's remand was ordered in light of its rejection of an Establishment Clause challenge in a parallel case (Hawaii II). In its latest decision, the district court said, however:

Notably, at no point in Hawaii II did the Supreme Court state that its conclusion that the Proclamation would satisfy rational basis review, based on the record before it and in the context of a motion for a preliminary injunction, required dismissal of the Establishment Clause claim in either that case or the present case. Indeed, two Justices, including one in the majority, identified the possibility that constitutional claims would proceed.

Setting out it reasons for allowing the constitutional challenges to now move ahead, the district court said in part:

Plaintiffs have provided detailed allegations for why the Proclamation is not rationally related to its stated national security interests and is instead grounded in the illegitimate and unconstitutional purpose of disadvantaging Muslims.

First, the Complaints provide detailed allegations of statements by the President exhibiting religious animus toward Muslims and articulating a desire to ban Muslims from entering the United States, including his statement as a presidential candidate that he planned to institute "a total and complete shutdown of Muslims entering the United States" and numerous later statements reaffirming this position... 

Contrary to the Government's claim during the hearing on the Motion, Hawaii II does not instruct courts to disregard these statements or any public pronouncements of a President, nor does it hold that the subjective intent of the President and his advisors in formulating and issuing the Proclamation is irrelevant. Rather, the Supreme Court specifically stated that this evidence "may be considered," so long as the "authority of the Presidency itself' is given its due....

Court Refuses To Dismiss Suit To Allow Christian Flag Outside Boston City Hall

In Shurtleff v. City of Boston, (D MA, May 3, 2019), a Massachusetts federal district court refused to dismiss a suit brought to enjoin the City from denying permission to a religious organization to display a Christian flag on a flagpole outside City Hall for an event marking Constitution Day and Citizenship Day event. The flag pole flies the city's flag except when it is used by outside groups for a flag to mark a special event. The court held that there are factual issues to be determined on plaintiffs' free speech claims-- whether this involves "government speech," and whether the city has imposed a reasonable, viewpoint neutral regulation in a limited public forum. Also factual issues remain on plaintiffs' Establishment Clause and Equal Protection claims.

HHS Adopts Final Rules On Conscience Protection In Health Care; Suit Filed Challenging New Rules

The U.S. Department of Health and Human Services Office of Civil Rights has submitted for publication in the Federal Register final rules on protecting the conscience rights of health care providers. The rules, set out in a 440-page release (full text), become effective in 60 days.  The Release summarizes the new rules:

This final rule revises existing regulations to ensure vigorous enforcement of Federal conscience and anti‐discrimination laws applicable to the Department, its programs, and recipients of HHS funds, and to delegate overall enforcement and compliance responsibility to the Department’s Office for Civil Rights (“OCR”). In addition, this final rule clarifies OCR’s authority to initiate compliance reviews, conduct investigations, supervise and coordinate compliance by the Department and its components, and use enforcement tools otherwise available in existing regulations to address violations and resolve complaints.

New York Times, reporting on the new rules, says in part:

some groups said they feared the provisions were overly broad and could imperil care for patients seeking reproductive health care. They also said it could lead to discrimination against gay or transgender patients and their children, and weaken public health efforts to expand childhood vaccinations.

Yesterday, San Francisco City Attorney Dennis Herrera announced that he has filed suit to invalidate the new rules. The complaint (full text) in City and County of San Francisco v. Azar, (ND CA, filed 5/2/2019), alleges in part:

The Final Rule requires the City and County of San Francisco (“City” or “San Francisco”)—in any and all circumstances—to prioritize providers’ religious beliefs over the health and lives of women, lesbian, gay, bisexual, or transgender people, and other medically and socially vulnerable populations. If San Francisco refuses to comply, it risks losing nearly $1 billion in federal funds that support critical health care services and other vital functions.

The suit alleges that the new rules are in violation of federal statutes and various constitutional provisions including the Establishment Clause.

House of Representatives Moves To Intervene To Defend Federal FGM Ban

As previously reported, last month the Department of Justice dropped its appeal of the court's decision in United States v. Nagarwala. In the case, a Michigan federal district court held the federal ban on female genital mutilation (18 USC Sec. 116(a)) unconstitutional under the Commerce Clause.  Yesterday, the House of Representatives filed a motion to intervene (full text) in the case to defend the constitutionality of the statute. The Detroit Free Press reports on this move by House leaders.

Today Is National Day of Prayer

Earlier this week, President Trump issued a Presidential Proclamation (full text) declaring today as a National Day of Prayer.  The Proclamation is called for by 36 USC §119 passed by Congress in 1988. The Proclamation states in part:

Our Nation acknowledges that religious liberty is a natural right, given to us by our Creator, not a courtesy that government extends to us.  The First Amendment recognizes the freedom of religion and safeguards this right against government infringement.  The United States’ steadfast commitment to upholding religious freedom has ensured that people of different faiths can pray together and live in peace as fellow American citizens.  We have no tolerance for those who disrupt this peace, and we condemn all hate and violence, particularly in our places of worship.

According to CBN News, last night the President hosted 100 religious leaders of a wide variety of faiths at a White House dinner.  In remarks, the President said in part:

All of us in this room send our love and prayers to the Jewish Americans wounded at the Chabad of Poway shooting in California. And our hearts break for the life of Laurie Gilbert-Kaye who was so wickedly taken from us."

We mourn for the Christians murdered in Sri Lanka on Easter Sunday and grieve for the Muslims murdered at their mosques in New Zealand.  Here at home, we also remember the three historically black churches burned recently in Louisiana and the horrific shooting last year at the Tree of Life Synagogue in Pittsburgh.

The non-governmental National Day of Prayer Committee has scheduled an observance in Washington, D.C. for this evening.

UPDATE: Vice President Pence spoke at a White House Rose Garden ceremony marking the National Day of Prayer. (full text of remarks).

Georgia Institutes Investigation of Catholic Church Sex Abuse Claims

The Atlanta Journal Constitution reports that Georgia's Attorney General has announced an investigation into past sexual abuse claims in the Catholic Church. The investigation will be carried out by Georgia's Prosecuting Attorneys' Council. Atlanta Archbishop Wilton Gregory and Savannah Bishop Gregory Hartmayer both support the investigation. Other states have carried out similar investigations.

Survey of Antisemitism Worldwide Released

Yesterday, Tel Aviv University's Kantor Center released its report Antisemitism Worldwide 2018.  The 148-page report examines anti-Semitism around the world, surveying both the number of incidents and underlying causes and trends.  It says in part:

The most disturbing development, that keeps continuing and intensifying since 2016, is that Jews in some countries feel they live in a state of emergency, because of the continuing rise, most notably in Western Europe and North America, in antisemitic manifestations.

- As a result Jews started questioning and doubting their association with places and societies they have lived in for long, sometimes for centuries....

The normalization and mainstreaming of antisemitism in public forums, debates and discussions is manifested in all media channels, most notably the social networks. Antisemitism is no longer an issue confined to the activity of the far left, far right and radical Islamists triangle - it has mainstreamed and became an integral part of life.... 

Mainstreamed as well is the growing use of of antisemitic terms in anti-Zionist discourse, and the disproportionate hostility directed against the Jewish nation-state, which resumes Jewish characteristics.

Canadian Court Refuses To Enjoin Law Allowing Gay Student Associations

In PT v Alberta, (Alberta Ct. App., April 29, 2019), the Alberta (Canada) Court of Appeal in a 2-1 decision upheld a trial court's refusal to issue an interim injunction staying operation of challenged provisions of the School Act while its constitutionality is being litigated.  At issue are provisions which empower students to create voluntary student organizations that create a welcoming environment, especially for LGBTQ+ students. Parents, along with numerous Christian schools and organizations, sued claiming that the law infringed their rights under the Canadian Charter of Rights and Freedoms by depriving parents of choice in the education of their children and their ability to educate their children in accordance with their moral and religious values. Calgary Star reports on the decision.

USCIRF Issues 2019 International Religious Freedom Report

On April 29, the U.S. Commission on International Religious Freedom released its 2019 Annual Report on International Religious Freedom. The 234-page report recommends that 16 countries be designated as "countries of particular concern" because of their "systematic, ongoing, egregious violations" of religious freedom.  Ten of those are already designated as CPC's by the State Department-- Burma, China, Eritrea, Iran, North Korea, Pakistan, Saudi Arabia, Sudan, Tajikistan, Turkmenistan. The six recommended additions are Central African Republic, Nigeria, Russia, Syria, Uzbekistan, and Vietnam. USCIRF also placed 12 countries on its "Tier 2" list for less serious violations of religious liberty. The report details the conditions in each of these 28 nations. 

Additionally the Report recommends five non-state entities be designated "entities of particular concern" because of their suppression of religious freedom. Also USCIRF makes various policy recommendations to the Administration and to Congress.

ADL Releases 2018 Audit of Anti-Semitic Incidents

Yesterday, the Anti-Defamation League released its annual Audit of Anti-Semitic Incidents for 2018. The organization summarized its findings:

The U.S. Jewish community experienced near-historic levels of anti-Semitism in 2018, including a doubling of anti-Semitic assaults and the single deadliest attack against the Jewish community in American history... ADL’s annual Audit of Anti-Semitic incidents recorded a total of 1,879 attacks against Jews and Jewish institutions across the country in 2018, the third-highest year on record since ADL started tracking such data in the 1970s.

In a year marked by the white supremacist shooting spree at a Pittsburgh synagogue, which claimed 11 lives, and punctuated by a dramatic surge in white supremacist propaganda activity nationwide, ADL’s Audit identified 59 people who were victims of anti-Semitic assaults in 2018, up from 21 in 2017. While the overall number of incidents represents a 5 percent decline from 1,986 incidents reported in 2017, the number of incidents last year remained at near-historic levels – 48 percent higher than the total for 2016 and 99 percent higher than in 2015.